Bill Text: NY A05531 | 2015-2016 | General Assembly | Introduced


Bill Title: Relates to the legislative budget and deposits to the tax stabilization reserve fund; requires that no later than March fifteenth of each year the temporary president of the senate, the minority leader of the senate, the speaker of the assembly and the minority leader of the assembly shall jointly convene a general budget conference committee to resolve the differences between each house concerning the executive budget; further alters the amounts of the deposits to the tax stabilization reserve fund; provides that subsequent to April first of each year, the legislature may not consider other legislation until a budget is passed, with exceptions; limits all funds spending to the rate of the inflation.

Spectrum: Partisan Bill (Republican 32-0)

Status: (Introduced - Dead) 2016-06-14 - held for consideration in ways and means [A05531 Detail]

Download: New_York-2015-A05531-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5531
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 27, 2015
                                      ___________
       Introduced  by  M. of A. OAKS, BLANKENBUSH, BUTLER, CORWIN, FINCH, GRAF,
         RA, RAIA, TEDISCO, WALTER, LUPINACCI,  BORELLI,  MURRAY,  LAWRENCE  --
         Multi-Sponsored  by  --  M. of A.  BARCLAY, CERETTO, CROUCH, DiPIETRO,
         DUPREY, FITZPATRICK, FRIEND, GARBARINO, GIGLIO, HAWLEY,  JOHNS,  KOLB,
         LOPEZ,  McDONOUGH,  PALMESANO, SALADINO, STEC, TENNEY -- read once and
         referred to the Committee on Ways and Means
       AN ACT to amend the state  finance  law  and  the  legislative  law,  in
         relation  to the legislative budget and deposits to the tax stabiliza-
         tion reserve fund
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.   The state finance law is amended by adding a new section
    2  24-a to read as follows:
    3    S 24-A. LEGISLATIVE BUDGET REVIEW; CONFERENCE COMMITTEES. 1. NO  LATER
    4  THAN  MARCH  FIFTEENTH  OF  EACH  YEAR,  THE  TEMPORARY PRESIDENT OF THE
    5  SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF  THE  ASSEMBLY
    6  AND  THE MINORITY LEADER OF THE ASSEMBLY SHALL JOINTLY CONVENE A GENERAL
    7  BUDGET CONFERENCE COMMITTEE COMPRISED OF MEMBERS OF EACH  HOUSE  OF  THE
    8  LEGISLATURE  TO  ESTABLISH PROCEDURES TO RESOLVE THE DIFFERENCES BETWEEN
    9  EACH HOUSE CONCERNING THE EXECUTIVE BUDGET.  THE GENERAL BUDGET  CONFER-
   10  ENCE  COMMITTEE SHALL BE COMPRISED OF TEN MEMBERS: FOUR APPOINTED BY THE
   11  TEMPORARY PRESIDENT OF THE SENATE; FOUR APPOINTED BY THE SPEAKER OF  THE
   12  ASSEMBLY;  ONE  APPOINTED  BY THE MINORITY LEADER OF THE SENATE; AND ONE
   13  APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY. THE  ADOPTION  OF  ANY
   14  DECISION OF THE GENERAL BUDGET CONFERENCE COMMITTEE SHALL BE AFFIRMED BY
   15  A  MAJORITY  VOTE  OF  THE  MEMBERS  OF  EACH  HOUSE  OF THE LEGISLATURE
   16  APPOINTED TO SUCH COMMITTEE.
   17    2. THE GENERAL BUDGET  CONFERENCE  COMMITTEE  SHALL  ESTABLISH  BUDGET
   18  CONFERENCE SUBCOMMITTEES, EACH TO BE COMPRISED OF MEMBERS OF BOTH HOUSES
   19  OF THE LEGISLATURE, TO RESOLVE DIFFERENCES BETWEEN EACH HOUSE CONCERNING
   20  THE EXECUTIVE BUDGET, BASED ON THE PROCEDURES ESTABLISHED BY THE GENERAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05889-01-5
       A. 5531                             2
    1  BUDGET  CONFERENCE  COMMITTEE,  FOR  SPECIFIC  AREAS OF THE BUDGET TO BE
    2  DETERMINED BY THE GENERAL BUDGET CONFERENCE COMMITTEE.  SUCH  PROCEDURES
    3  SHALL  INCLUDE  A  REQUIREMENT  THAT  ALL MEETINGS OF THE GENERAL BUDGET
    4  CONFERENCE  COMMITTEE  AND  OF THE SUBCOMMITTEES BE HELD IN PUBLIC.  THE
    5  GENERAL BUDGET CONFERENCE  COMMITTEE  SHALL  PROVIDE  ESTIMATES  OF  ANY
    6  MONEYS ESTIMATED TO BE AVAILABLE FOR THE ENSUING FISCAL YEAR FROM SOURC-
    7  ES  OTHER  THAN IN SUBDIVISION SIX OF SECTION TWENTY-THREE OF THIS ARTI-
    8  CLE.   SUCH ESTIMATE WHEN COMBINED  WITH  THOSE  ESTIMATES  REQUIRED  BY
    9  SUBDIVISION  SIX  OF  SECTION  TWENTY-THREE OF THIS ARTICLE SHALL BE ALL
   10  MONEYS FROM SUCH SOURCES DESCRIBED IN THIS SUBDIVISION ESTIMATED  TO  BE
   11  AVAILABLE  TO  MAKE  DISBURSEMENTS AUTHORIZED BY THE APPROPRIATION BILLS
   12  SUBMITTED BY THE GOVERNOR PURSUANT TO SECTION THREE OF ARTICLE SEVEN  OF
   13  THE  CONSTITUTION AND ACTED ON BY THE LEGISLATURE FOR THE ENSUING FISCAL
   14  YEAR. THE GENERAL BUDGET CONFERENCE COMMITTEE  SHALL  ESTABLISH  LIMITA-
   15  TIONS  ON DISBURSEMENTS WHICH MAY BE AGREED TO BY EACH BUDGET CONFERENCE
   16  SUBCOMMITTEE TO INSURE THAT TOTAL DISBURSEMENTS TO BE MADE FOR THE ENSU-
   17  ING FISCAL YEAR DO NOT EXCEED THE FINAL ESTIMATE OF MONEYS AND  REVENUES
   18  AVAILABLE  TO  MAKE SUCH DISBURSEMENTS AS PROVIDED BY SUBDIVISION SIX OF
   19  SECTION TWENTY-THREE OF THIS ARTICLE. THE NUMBER  OF  BUDGET  CONFERENCE
   20  SUBCOMMITTEES  AND  THE MEMBERSHIP OF THE BUDGET CONFERENCE SUBCOMMITTEE
   21  SHALL  BE  DETERMINED  BY  THE  GENERAL  BUDGET  CONFERENCE   COMMITTEE;
   22  PROVIDED,  HOWEVER,  THAT NO LESS THAN ONE MEMBER OF EACH BUDGET CONFER-
   23  ENCE SUBCOMMITTEE SHALL BE APPOINTED EACH BY THE TEMPORARY PRESIDENT  OF
   24  THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEM-
   25  BLY AND THE MINORITY LEADER OF THE ASSEMBLY.
   26    3.  AFTER  THE  ESTABLISHMENT OF LIMITATIONS ON DISBURSEMENTS FOR EACH
   27  BUDGET CONFERENCE SUBCOMMITTEE AS PROVIDED BY SUBDIVISION  TWO  OF  THIS
   28  SECTION,  EACH BUDGET CONFERENCE SUBCOMMITTEE SHALL CONVENE AT A TIME OR
   29  TIMES DETERMINED BY THE GENERAL BUDGET CONFERENCE  COMMITTEE  AND  SHALL
   30  REPORT  BACK  TO  THE  GENERAL  BUDGET CONFERENCE COMMITTEE AT A TIME OR
   31  TIMES DETERMINED BY THE  GENERAL  BUDGET  CONFERENCE  COMMITTEE  ON  THE
   32  RESULTS  OF EFFORTS TO RESOLVE THE DIFFERENCES BETWEEN EACH HOUSE IN THE
   33  SPECIFIC  AREAS  OF  THE  BUDGET  ASSIGNED  TO  EACH  SUBCOMMITTEE.   ON
   34  COMPLETION  OF  EFFORTS  TO  RESOLVE ALL DIFFERENCES BETWEEN EACH HOUSE,
   35  EACH BUDGET CONFERENCE SUBCOMMITTEE SHALL SUBMIT A FINAL REPORT  TO  THE
   36  GENERAL  BUDGET  CONFERENCE COMMITTEE ON THE RESULTS OF SUCH EFFORTS AND
   37  MAKE RECOMMENDATIONS FOR FINAL ACTION TO BE TAKEN ON  THE  BUDGET  BILLS
   38  SUBMITTED BY THE GOVERNOR FOR THE ENSUING FISCAL YEAR. EACH FINAL REPORT
   39  SHALL  ALSO INDICATE THE ESTIMATED IMPACT THAT EACH RECOMMENDATION WOULD
   40  HAVE ON STATE FINANCES FOR THE ENSUING AND NEXT  TWO  SUCCEEDING  FISCAL
   41  YEARS.
   42    4.  THE  GENERAL  BUDGET CONFERENCE COMMITTEE SHALL EITHER APPROVE THE
   43  FINAL REPORT OF  EACH  BUDGET  CONFERENCE  SUBCOMMITTEE  OR  AGREE  UPON
   44  MODIFICATIONS  OF  SUCH  SUBCOMMITTEE  REPORTS,  AND, THE GENERAL BUDGET
   45  CONFERENCE COMMITTEE SHALL REPORT IN WRITING TO THE TEMPORARY  PRESIDENT
   46  OF  THE  SENATE,  THE  MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE
   47  ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY ON ALL  RECOMMENDATIONS
   48  FOR FINAL ACTION TO BE TAKEN ON THE BUDGET BILLS SUBMITTED BY THE GOVER-
   49  NOR  FOR THE ENSUING FISCAL YEAR. THE FINAL GENERAL CONFERENCE COMMITTEE
   50  REPORT SHALL INCLUDE THE ESTIMATED IMPACT OF ANY PROPOSED  MODIFICATIONS
   51  TO  LAW  THAT  AFFECT  RECEIPTS  FOR THE ENSUING AND NEXT TWO SUCCEEDING
   52  FISCAL YEARS.  SUCH FINAL GENERAL CONFERENCE COMMITTEE REPORT  SHALL  BE
   53  MADE AVAILABLE TO THE PUBLIC.
   54    S  2.  Subdivisions 1, 2 and 3 of section 40 of the state finance law,
   55  as amended by chapter 169 of the laws of 1994, are amended  to  read  as
   56  follows:
       A. 5531                             3
    1    1.  The  budget  and  the budget bills submitted by the governor shall
    2  include all appropriations which in the opinion of the governor will  be
    3  required  during the full succeeding fiscal year.  IN THE CASE OF APPRO-
    4  PRIATIONS FOR THE GENERAL  SUPPORT  OF  PUBLIC  SCHOOLS  AND  THE  STATE
    5  LOTTERY  FUND, THE BUDGET AND THE BUDGET BILLS SUBMITTED BY THE GOVERNOR
    6  SHALL INCLUDE ALL APPROPRIATIONS  FOR  THE  GENERAL  SUPPORT  OF  PUBLIC
    7  SCHOOLS  AND THE STATE LOTTERY FUND WHICH IN THE OPINION OF THE GOVERNOR
    8  WILL BE REQUIRED DURING THE NEXT FULL FISCAL YEAR FOLLOWING THE SUCCEED-
    9  ING FISCAL YEAR, AND  ANY  ADDITIONAL  APPROPRIATIONS  FOR  THE  GENERAL
   10  SUPPORT  OF  PUBLIC SCHOOLS WHICH IN THE OPINION OF THE GOVERNOR WILL BE
   11  REQUIRED DURING THE FULL SUCCEEDING FISCAL YEAR ABOVE, AT OR  BELOW  THE
   12  AMOUNTS  APPROPRIATED FOR SUCH PURPOSES IN THE CURRENT FISCAL YEAR. SUCH
   13  APPROPRIATIONS SHALL BE PROPOSED  AS  SEPARATE  APPROPRIATIONS  APPLYING
   14  INDIVIDUALLY  TO  THE  SUCCEEDING  FISCAL  YEAR  AND THE NEXT SUCCEEDING
   15  FISCAL YEAR.
   16    2. (a) No appropriation made at a regular session of  the  legislature
   17  shall,  unless  the  contrary  is expressly provided in the act by which
   18  such appropriation is made, be available prior to  the  commencement  of
   19  the  fiscal  year  for  which the budget is adopted at such session, and
   20  every appropriation made at such session, except as  provided  in  para-
   21  graphs  (b), (d), and (e) of this subdivision, shall cease to have force
   22  and effect, except as to liabilities already incurred thereunder, at the
   23  close of [such] THE fiscal year IN WHICH SUCH APPROPRIATION SHALL  FIRST
   24  BECOME AVAILABLE.
   25    (b)  Every  deficiency  appropriation made at a regular session of the
   26  legislature which by the express terms of the act by which  such  appro-
   27  priation  is  made  shall  be available prior to the commencement of the
   28  fiscal year for which the budget is adopted at such session shall  cease
   29  to  have  force  and  effect,  except as to liabilities already incurred
   30  thereunder, at the close of the fiscal year in which such  appropriation
   31  shall become available.
   32    (c) Every appropriation made at an extraordinary session of the legis-
   33  lature  shall,  unless  the contrary is expressly provided in the act by
   34  which such appropriation is made,  be  available  immediately  upon  the
   35  taking  effect  of  such  act  and shall cease to have force and effect,
   36  except as to liabilities already incurred thereunder, at  the  close  of
   37  the fiscal year in which such appropriation shall become available.
   38    (d)  Every  appropriation  enacted  in  the  fund type special revenue
   39  funds-federal for a grant period which  extends  beyond  [March  thirty-
   40  first]  APRIL  THIRTIETH  of the fiscal year in which the appropriations
   41  are enacted shall be available  for  liabilities  incurred  during  such
   42  grant period after such [March thirty-first] APRIL THIRTIETH date.
   43    (e) All state operations appropriations made to the city university of
   44  New  York and the state university of New York shall cease to have force
   45  and effect, except as to liabilities already incurred thereunder, as  of
   46  the  thirtieth  day  of June immediately following the state fiscal year
   47  for which they are enacted.
   48    3. Every appropriation for whatever purpose which at the close of  the
   49  fiscal  year  IN  WHICH SUCH APPROPRIATION SHALL FIRST BECOME AVAILABLE,
   50  shall cease to have force and effect except as  to  liabilities  already
   51  incurred  thereunder  shall as to such liabilities continue in force and
   52  effect until the dates specified in paragraphs (a), (b), (c) and (d)  of
   53  this  subdivision,  on which dates such appropriation shall lapse and no
   54  money shall thereafter be paid out of the state treasury or any  of  its
   55  funds  or  any of the funds under its management pursuant to such appro-
   56  priation.
       A. 5531                             4
    1    (a) Except for appropriations made to THE city university of New  York
    2  and  the  state  university  of New York, all state operations appropri-
    3  ations including special revenue funds-federal appropriations  continued
    4  pursuant to paragraph (d) of subdivision two of this section shall lapse
    5  on the [thirtieth] THIRTY-FIRST day of [June] JULY immediately following
    6  the  close  of  the  fiscal  year.  The  appropriations made to the city
    7  university of New York or the state university of New York  shall  lapse
    8  on the thirtieth day of September immediately following the close of the
    9  fiscal year.
   10    (b)  All  aid  to  localities appropriations including special revenue
   11  funds-federal appropriations continued  pursuant  to  paragraph  (d)  of
   12  subdivision  two  of  this  section  shall lapse on the fifteenth day of
   13  [September] OCTOBER immediately following the close of the fiscal year.
   14    (c) All capital projects appropriations shall lapse on  the  fifteenth
   15  day of [September] OCTOBER immediately following the close of the fiscal
   16  year.
   17    (d)  All  other  appropriations  shall  lapse  on the fifteenth day of
   18  [September] OCTOBER immediately following the close of the fiscal year.
   19    S 3. Subdivisions 3 and 4 of section 92 of the state finance  law,  as
   20  separately  amended  by  chapters  405  and 957 of the laws of 1981, are
   21  amended to read as follows:
   22    3. At the close of each fiscal year any cash surplus remaining in  the
   23  general  fund  over  and  above  the  norm for such fiscal year shall be
   24  transferred from or retained in such fund as hereinafter in this  subdi-
   25  vision  provided.  There  shall  be transferred to the tax stabilization
   26  reserve fund all of such surplus moneys, up to and including  an  amount
   27  equivalent  to  [two-tenths]  ONE-HALF  of  one per centum of such norm,
   28  unless such transfer would increase such reserve fund to  an  amount  in
   29  excess  of  [two]  FIVE  per  centum  of the amount of the norm for such
   30  fiscal year, in which event such  transfer  shall  be  limited  to  such
   31  amount  as will increase such reserve fund to such [two] FIVE per centum
   32  limitation. Any balance of such surplus moneys, thereafter remaining  in
   33  the  general  fund,  shall be retained in such fund and be available for
   34  the reduction of state taxes.
   35    4. In the event that at the close of  any  fiscal  year  the  receipts
   36  derived  from  the  taxes,  fees  and other sources, required to be paid
   37  during such fiscal year into the general fund of the  state  shall  fall
   38  below the norm for such fiscal year, there shall be transferred from the
   39  tax  stabilization  reserve  fund to the general fund to the extent that
   40  there are sufficient moneys in the tax stabilization  reserve  fund,  an
   41  amount  equal  to the difference between the norm and the amount of such
   42  receipts. If such transfer reduces the tax stabilization reserve fund to
   43  an amount less than [two] FIVE per centum of the norm  for  such  fiscal
   44  year,  the  amount  so  transferred shall be repaid in cash prior to the
   45  computation and payment of any transfer to the fund pursuant to subdivi-
   46  sion three of this section in not less than three equal annual  install-
   47  ments within the period of six years or less next succeeding the date of
   48  such  transfer;  provided,  however, that if any such annual installment
   49  shall increase such reserve fund to an amount in excess  of  [two]  FIVE
   50  per  centum  of the amount of the norm for the then current fiscal year,
   51  such installment shall be limited to such amount as will  increase  such
   52  reserve  fund  to  such  [two] FIVE per centum limitation and no further
   53  repayment of the whole or any part of such transfer shall be required in
   54  any subsequent fiscal year. Repayments to the tax stabilization  reserve
   55  fund shall be stipulated in annual budget bills.
       A. 5531                             5
    1    S  4.  The  legislative law is amended by adding a new section 53-a to
    2  read as follows:
    3    S  53-A.   FAILURE TO ENACT A TIMELY STATE BUDGET. AFTER THE COMMENCE-
    4  MENT OF THE FISCAL YEAR OF THE STATE, UNTIL ALL THE APPROPRIATION  BILLS
    5  SUBMITTED BY THE GOVERNOR FOR THAT FISCAL YEAR AND ALL THE BILLS SUBMIT-
    6  TED  BY  THE GOVERNOR CONTAINING THE PROPOSED LEGISLATION RECOMMENDED IN
    7  THE BUDGET FOR THAT FISCAL YEAR SHALL HAVE BEEN FINALLY ACTED ON BY BOTH
    8  HOUSES OF THE LEGISLATURE, NEITHER HOUSE  SHALL  CONSIDER  OR  TAKE  ANY
    9  ACTION  WHATSOEVER ON ANY OTHER BILL, RESOLUTION OR OTHER MATTER PENDING
   10  BEFORE EITHER SUCH HOUSE OR ANY COMMITTEE THEREOF, EXCEPT FOR  APPROPRI-
   11  ATION  BILLS  SUBMITTED  TO THE LEGISLATURE ON MESSAGE FROM THE GOVERNOR
   12  CERTIFYING TO THE NECESSITY OF THE IMMEDIATE PASSAGE OF SUCH BILL.
   13    S 5. Section 54 of the legislative law is amended by adding three  new
   14  subdivisions 3, 4 and 5 to read as follows:
   15    3.  WHEN  BOTH  HOUSES ARE IN AGREEMENT AND PREPARED TO FINALLY ACT ON
   16  THE APPROPRIATION BILLS SUBMITTED BY THE  GOVERNOR  IN  ACCORDANCE  WITH
   17  ARTICLE  SEVEN  OF THE CONSTITUTION, THE SECRETARY OF THE SENATE FINANCE
   18  COMMITTEE AND THE SECRETARY OF THE ASSEMBLY  WAYS  AND  MEANS  COMMITTEE
   19  SHALL  PREPARE  AND  DELIVER TO THE DIVISION OF THE BUDGET A LETTER THAT
   20  STATES THAT BOTH HOUSES ARE IN AGREEMENT AND PREPARED TO FINALLY ACT  ON
   21  THE APPROPRIATION BILLS AND PROPOSED LEGISLATION SUBMITTED BY THE GOVER-
   22  NOR  IN ACCORDANCE WITH ARTICLE SEVEN OF THE CONSTITUTION. THE SECRETARY
   23  OF THE SENATE FINANCE COMMITTEE AND THE SECRETARY OF THE  ASSEMBLY  WAYS
   24  AND MEANS COMMITTEE SHALL FURNISH THE DIVISION OF THE BUDGET, CONCURRENT
   25  WITH  THE SUBMISSION OF THE JOINT LETTER, INFORMATION SUFFICIENT FOR THE
   26  PREPARATION OF A SUMMARY REPORT, INCLUDING THE APPROPRIATION  BILLS  AND
   27  PROPOSED  LEGISLATION ON WHICH BOTH HOUSES ARE IN AGREEMENT AND PREPARED
   28  TO ACT.
   29    4. PROMPTLY UPON RECEIPT OF THE JOINT LETTER AND INFORMATION DESCRIBED
   30  IN SUBDIVISION THREE OF THIS SECTION, THE DIVISION OF THE  BUDGET  SHALL
   31  PREPARE  A  PLAIN LANGUAGE SUMMARY REPORT OF THE APPROPRIATION BILLS AND
   32  RELATED LEGISLATION TO BE  ENACTED  BY  THE  LEGISLATURE.  SUCH  SUMMARY
   33  REPORT SHALL BE IN SUCH A FORM AS TO INDICATE THAT THE BUDGET AS AMENDED
   34  PROVIDES  THAT, FOR THE GENERAL FUND, THE TOTAL OF ANTICIPATED DISBURSE-
   35  MENTS, INCLUDING TRANSFERS TO OTHER FUNDS, IS NOT GREATER THAN THE TOTAL
   36  OF ANTICIPATED RECEIPTS, INCLUDING TRANSFERS FROM OTHER FUNDS, PLUS  ANY
   37  BALANCE  AVAILABLE  IN  SUCH  FUND.  THE  SUMMARY  REPORT  SHALL FURTHER
   38  DESCRIBE THE IMPACT OF PROPOSED LEGISLATIVE AMENDMENTS  ON  THE  RECEIPT
   39  AND  DISBURSEMENT  ESTIMATES  CONTAINED IN THE EXECUTIVE BUDGET FOR SUCH
   40  FISCAL YEAR AND FOR THE SUCCEEDING TWO FISCAL YEARS. THE SUMMARY  REPORT
   41  SHALL BE IN SUCH FORMAT AS THE DIVISION OF THE BUDGET MAY DETERMINE.
   42    5.  THE DIVISION OF THE BUDGET SUMMARY REPORT AS DESCRIBED IN SUBDIVI-
   43  SION FOUR OF THIS SECTION SHALL BE PLACED ON THE DESKS OF EACH MEMBER OF
   44  THE LEGISLATURE, AND SHALL BE MADE AVAILABLE TO THE PUBLIC FOR A  PERIOD
   45  OF  AT LEAST FORTY-EIGHT HOURS PRIOR TO THE PASSAGE OF THE APPROPRIATION
   46  BILLS AND RELATED LEGISLATION BY EACH HOUSE.
   47    S 6. Paragraph (a) of subdivision 2 of section 54 of  the  legislative
   48  law,  as  added  by chapter 1 of the laws of 2007, is amended to read as
   49  follows:
   50    (a) The legislature shall enact a budget for the upcoming fiscal  year
   51  that  it determines is balanced in the general fund. THE TOTAL AMOUNT OF
   52  ALL FUNDS SPENDING, WHICH SHALL INCLUDE SPENDING FROM ALL STATE  REVENUE
   53  SOURCES  INCLUDING  TAXES,  FEES,  FINES, FEDERAL GRANTS, BOND PROCEEDS,
   54  LOTTERY PROCEEDS AND MISCELLANEOUS RECEIPTS, AND WHICH COMPRISES  SPEND-
   55  ING FROM THE GENERAL FUND, SPECIAL REVENUE FUNDS, CAPITAL PROJECTS FUND,
   56  DEBT SERVICE FUNDS, INTERNAL SERVICE FUNDS, ENTERPRISE FUNDS AND FIDUCI-
       A. 5531                             6
    1  ARY  FUNDS, SHALL NOT EXCEED SPENDING IN THE PRIOR YEAR BY MORE THAN THE
    2  RATE OF INFLATION AS  DETERMINED  BY  THE  PERCENTAGE  INCREASE  IN  THE
    3  CONSUMER PRICE INDEX FOR URBAN WAGE EARNERS AND CLERICAL WORKERS (CPI-W)
    4  PUBLISHED  BY  THE  UNITED  STATES  DEPARTMENT OF LABOR, BUREAU OF LABOR
    5  STATISTICS; PROVIDED, HOWEVER, THAT SUCH SPENDING MAY EXCEED THE RATE OF
    6  INFLATION BY THE AMOUNT OF ANY UNEXPECTED FEDERAL FUNDS RECEIVED BY  THE
    7  STATE.
    8    S  7.  Section  22 of the state finance law is amended by adding a new
    9  subdivision 17 to read as follows:
   10    17. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  THE  BUDGET
   11  SUBMITTED PURSUANT TO THIS SECTION SHALL NOT PROVIDE FOR TOTAL ALL FUNDS
   12  SPENDING  IN  AN AMOUNT WHICH EXCEEDS SPENDING IN THE PRIOR YEAR BY MORE
   13  THAN THE RATE OF INFLATION AS DETERMINED BY THE PERCENTAGE  INCREASE  IN
   14  THE  CONSUMER  PRICE  INDEX  FOR URBAN WAGE EARNERS AND CLERICAL WORKERS
   15  (CPI-W) PUBLISHED BY THE UNITED STATES DEPARTMENT OF  LABOR,  BUREAU  OF
   16  LABOR  STATISTICS. FOR THE PURPOSES OF THIS SUBDIVISION ALL FUNDS SPEND-
   17  ING SHALL INCLUDE SPENDING FROM  ALL  STATE  REVENUE  SOURCES  INCLUDING
   18  TAXES,  FEES, FINES, FEDERAL GRANTS, BOND PROCEEDS, LOTTERY PROCEEDS AND
   19  MISCELLANEOUS RECEIPTS, AND SHALL COMPRISE  SPENDING  FROM  THE  GENERAL
   20  FUND,  SPECIAL REVENUE FUNDS, CAPITAL PROJECTS FUND, DEBT SERVICE FUNDS,
   21  INTERNAL SERVICE FUNDS, ENTERPRISE FUNDS AND FIDUCIARY FUNDS.
   22    S 8. Of moneys appropriated to state operations and aid to  localities
   23  in the general fund, community projects fund - 007, no such moneys shall
   24  be  appropriated  for  services  and  expenses,  grants  in  aid, or for
   25  contracts with certain not-for-profit agencies, universities,  colleges,
   26  school districts, corporations, and/or municipalities unless such appro-
   27  priation  is  set forth with such specificity as is reasonable to deter-
   28  mine how such moneys shall be expended.
   29    S 9. This act shall take effect immediately; provided however that the
   30  provisions of section three of this act shall take  effect  three  years
   31  after it shall have become a law.
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